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planecap wrote:
Your understanding of the 1st amendment is entirely wrong. It was intended to keep one christian group from using power of government to run over another christian group. If you actually took time you would learn that early in our history in some places a person could not even serve in our government if they didn't profess faith in Christ and belief in the bible. It really is enlightening when a person does the digging to learn.
Now have you ever read the Declaration of Indepenence or the Mayflower Compac? Probably not perhaps? Do some research sboat.
Sboatcar wrote:
I have actually read both of those documents. Neither of which are in use as legal documents in this day and age. Second, if you read some of the writings of Thomas Jefferson, and any of the half dozen supreme court decisions regarding the separation of church and state, you can see that the law as it stands now is that the government doesn't mess with religious groups, and religious groups don't mess with the government. That is why churches are exempted from paying taxes. Now you still have failed to say where the constitution establishes the United States as a Christian nation. If it were the case, would it not make sense to mention that in the document that establishes our government? Where exactly is our nation established as a Christian one? The Declaration of Independence does not found our government, and it is not a document that is used in our government. It does not establish the rights of the people or the government. The Mayflower Compact, while it was initially a governing document, also proclaimed oaths to the King of England. Neither of these documents are used as legal documents in this country, despite how much you might want it to be. Listed below is some case history and links to letters about the first amendment, and particularly the 'establishment clause', which explain how our government views the first amendment. Remember, constitutional law is the law of the land, no matter what your own personal opinion may be.
Everson v New Jersey Board of Education (1947)
Background: The State of New Jersey passed a law giving state funding for student transportation to and from school for both parochial and public schools. It was challenged because it was thought to violate the establishment clause of the constitution. The Supreme Court ruled that the law could stand because it did not hold any religious group above any other. Here is the opinion of Justice Hugo Black on this issue: "The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State."
This opinion cites Jefferson's 1802 letter to the Baptists of Danbury, CT. This is the famous 'wall of separation' letter, written by one of the first constitutional scholars, and one of the authors of the constitution itself. The text of which is below.
To Messrs. Nehemiah Dodge and Others A Committee of the Danbury Baptist Association in the State of Connecticut
January 1, 1802
Gentlemen,
The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist Association, give me the highest satisfaction. My duties dictate a faithful and zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.
Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between church and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.
I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association, assurances of my high respect and esteem.
Thomas Jefferson President of the United States
As both president of the United States and an author and signer of the constitution, to simply disregard this letter would be to disrespect both the constitution and the man himself.
One might also note that this ruling, which is seldom cited by activists against the separation of church and state, actually works in the favor of religious organizations.
Engel vs Vitale (1960)
Background: In Hyde Park, New York, a group of families felt that the mandatory school prayer at the beginning of the day was a violation of the first amendment's establishment clause. Briefs were filed in support of the suit by the American Ethical Union, the American Jewish Committee, and the Synagogue Council of America supporting the overturning of this policy.
The Supreme Court ruled that this prayer was a violation of the establishment clause of the constitution, because taxpayer money was being used to promote religion. The Court stated in this case:
"The petitioners contend, among other things, that the state laws requiring or permitting use of the Regents' prayer must be struck down as a violation of the Establishment Clause because that prayer was composed by governmental officials as a part of a governmental program to further religious beliefs. For this reason, petitioners argue, the State's use of the Regents' prayer in its public school system breaches the constitutional wall of separation between Church and State. We agree with that contention, since we think that the constitutional prohibition against laws respecting an establishment of religion must at least mean that, in this country, it is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government."
and also, later in the opinion: "is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America."
There have been several other Supreme Court rulings on this, including several about holiday displays, displays of the Ten Commandments, etc. In each case, the high court ruled that the separation of church and state is important out of respect for the church.
One should also not the writings of Union Theological Seminary historian Philip Schaff: “The American separation of church and state rests upon respect for the church; the separation, on indifference and hatred of the church, and of religion itself…. The constitution did not create a nation, nor its religion and institutions. It found them already existing, and was framed for the purpose of protecting them under a republican form of government, in a rule of the people, by the people, and for the people.”
Finally, the Treaty of Tripoli, ratified by Congress June 7, 1797, which established a peaceful relationship between the United States and the people of the Kingdom of Barbary (Tripoli). In article 11 of this treaty, it states: "Art. 11. As the Government of the United States of America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen,—and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries."
It should be noted that this treaty was ratified by congress unanimously and signed by President John Adams, and very shortly after the signing of the constitution itself. I can continue to cite historical government documents which show that our government was created with the intention of being secular so as not to interfere with people's practice of their religion, but I believe that what I've posted so far makes the case pretty well. You can have whatever opinion you wish, but the law is the law, and it says that a 'wall of separation' exists between church and state.
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